Criminal weaker areas Flashcards
1
Q
Difference between aiding and abetting
A
- “aiding” means to assist or support someone in committing a crime e.g. supplying weapon
- while “abetting” means to encourage or incite someone to commit a crime (at the time of offence)
2
Q
What does procuring mean
A
- Inducing or causing someone else to commit a crime
- Must have causal link
- E.g. hiring a hitman or threatening someone to carry out
3
Q
What is counselling
A
Advising, persuading, or urging another person to commit a crime
Before the crime is committed
4
Q
ABH definition
A
Any hurt / injury calculated to interfere with health or comfort of V (need not be permanent, but must be more than minimal)
5
Q
Assault AR
A
Acts or words that cause the victim to:
* apprehend
* immediate and
* unlawful personal force
6
Q
Battery AR
A
Infliction of unlawful personal force upon the victim
7
Q
ABH max sentence
A
5 years
8
Q
A
9
Q
ABH AR
A
- Simple OR physical assault (assault or battery)
- causing ABH
10
Q
ABH MR
A
Intention or recklessness as to the simple or physical assault
11
Q
s 20 classification and max sentence
A
- Either way
- 5 years
12
Q
s 20 AR
A
To wound
OR
Inflict (cause)
GBH
13
Q
s 20 MR
A
intention or recklessness as to ABH
14
Q
s 18 AR
A
To wound
OR
Inflict (cause)
GBH
15
Q
s 18 classification and max sentence
A
- Indictable only
- Life
16
Q
s 18 MR
A
Intention to cause GBH (specific intent)
OR
Intention or recklessness as to ABH AND an intention to resist / prevent lawful arrest
17
Q
Theft max sentence
A
7 yrs
18
Q
Robbery classification and max sentence
A
- Indictable only
- Life
19
Q
Robbery AR
A
- AR of theft
- Uses force OR fear of force on any person
- Immediately before OR at time of stealing
- In order to steal
Force need not be substantial NOR directly applied
Apprehension not actual fear
20
Q
Robbery MR
A
Intention to use force in order to steal (subjective)
specific intent
21
Q
Burglary s 9(1)(a) AR
A
- D enters a building
- OR a part of building
22
Q
Burglary s 9(1)(a) MR
A
- Intention or recklessness as to being a trespasser (at point of entry)
- Intention to commit one of the ulterior offences (theft, GBH, criminal damage)
23
Q
Burglary s 9(1)(b) AR
A
- D enters a building OR a part of building
- Commits one of the ulterior offences (theft or GBH) OR attempts to commit theft or GBH
24
Q
Burglary s 9(1)(b) MR
A
- Intention or recklessness as to being a trespasser (at point of entry)
- MR for either theft / GBH OR attempted theft / GBH
25
Aggravated burglary classification and max sentence
* Indictable only
* Life
26
Aggravated burglary AR
* Commits a burglary
* At the time of burglary has with him an aggravating article
* The article is a firearm, imitation firearm, weapon offence or explosive (WIFE)
*
27
RE aggravated burglary, when must D have article with them for both types
* (a) - at time of entry
* (b) - when offence is committed
28
Aggravated burglary MR
MR of burglary
29
Simple criminal damage AR
* Destroys or damages
* Property
* Belonging to another
* Without lawful excuse
30
Simple criminal damage MR
Intention or recklessness to damage or destroy property
31
Aggravated criminal damage classification and max penalty
* Either way
* 10 years
32
Aggravated criminal damage AR
* Destroying or damaging
* Property (belonging to self OR another)
33
Aggravated criminal damage MR
* Intention or recklessness to damage or destroy property
* Intention or recklessness as to endangering the life of another by the damage or destruction
34
Arson max penalty and classification
Either way
Life
35
Aggravated arson max penalty and classification
Indictable only
Life
36
How does arson/aggravated arson differ from criminal damage
'by fire' added
37
Murder AR
* Unlawful
* Killing of a person
* Causing death
* Under King’s peace
38
Murder MR
Intention to kill
*OR*
Intention to cause GBH (serious harm)
39
# Involuntary manslaughter
Unlawful act AR
* Intentionally do an act (not omission)
* Which is unlawful and
* Objectively dangerous and has
* In fact & law, caused death
40
# Involuntary manslaughter
Unlawful act MR
MR of the unlawful act
41
# Involuntary manslaughter
Gross negligence AR
* Duty of care owed to V
* Breach of that duty
* The breach involves a serious and obvious risk of death that was reasonably foreseeable
* The breach of duty causes death
* D’s conduct was grossly negligent
42
What additional requirement is needed for fraud by false rep MR
Knowledge that the representation is or might be false
43
Fraud classification and max sentence
* Either way
* 10 years
44
Accomplice AR
* Principal must commit a principal offence
* Accessory (D) must aid, abet, counsel or procure the commission of the principal offence
45
Accomplice MR
* D has knowledge of the **essential matters** for the principal offence
* D **intends to assist or encourage** and for the principal offence to be committed
46
Accomplice - withdrawal defence
* Must be **effective**
* The more D has done to set up, the more they are expected to withdraw
* Must communicate **timely** & **unequivocally** before *UNLESS impossible to do so*
* Words alone will NOT suffice where physical assistance also given
* If during, must do more than simply communicate
* May remain liable for attempt
47
Accomplice - overwhelming supervening act defence
* P acts in such a manner that NOBODY in D’s shoes could have contemplated
* Must be evidential basis to claim as opposed to mere escalation of events
48
Attempt AR
* Commits an act
* Which is more than merely preparatory
49
Attempt MR
Intention to commit full offence (even if MR may incl. recklessness, **intent only**)
50
Which offences are specific intent and thus the defence of voluntary intoxication applies?
* **S** 18
* **M**urder
* **A**ttempts
* **R**obbery
* **T**heft
* **B**urglary (except re committing GBH for (b))
| SMART B
51
2 limbs of lawful excuse
1. Honest belief in consent
2. Protection of property
52
Honest belief in consent limb of lawful excuse - subjective/objective?
Where D had an honest belief that the person entitled to consent to the damage or destruction **had consented** *or* **would have consented** if they had known of the circumstances
* Even where a mistake, or several mistakes, have been made by D (belief need not be reasonable, just HONEST)
* Self-induced intoxication will NOT prevent an honest belief in consent from being relied upon
* Purely **SUBJECTIVE** test
53
Protection of property limb of lawful excuse - breakdown & whether subjective/objective
1. The act of damage or destruction must have been done in order to protect property belonging to himself or another (**OBJECTIVE** test), and
2. D believed that:
* The property was in 'immediate need of protection' and believed that (**SUBJECTIVE** test)
* The means of protection adopted were 'reasonable in all the circumstances’ (**SUBJECTIVE** test)
54
Diminished responsibility elements
1. D must suffer from an **abnormality** of mental functioning
2. The abnormality must arise from a **recognised** medical condition
3. The abnormality must cause a **substantial** impairment
4. The abnormality provides an **explanation** for the killing (*i.e. cause / be a significant contributory factor in causing D to carry out)*
55
How can substantial impairment re diminished responsibility be shown
The medical condition impaired their ability to do 1 or more of the following:
1. understand the nature of their conduct
2. form rational judgment
3. exercise self-control
| RUE
56
Loss of control elements
1. D's conduct resulted from **loss of self-control** (subjective)
2. The loss of self-control had a **qualifying trigger**
3. A person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D
57
Requirements for fear trigger - loss of control
Subjective test - whether D actually feared **serious violence** from V against D or another person
58
Requirements for anger trigger - loss of control
1. D responded to **something said or done**,
2. That was of an **extremely grave character**, and
3. Caused D to have a **justifiable sense of being seriously wronged**
59
Self-defence elements
1. The use of force by D was **necessary** in the circumstances as D believed them to be (subjective)
2. The use of force by D was **reasonable** in all the circumstances as D believed them to be (objective)
60
Householder self-defence elements
1. D must be a **householder**
2. Self-defence must be used while **in or partly in** a dwelling
3. D believed V to be a **trespasser**
4. D's use of force was **necessary** in the circumstances as D believed them to be
5. D's use of force was **not grossly disproportionate** in the circumstances as D believed them to be
61
Why is voluntary intoxication not available for basic intent offences (i.e. those that can be committed recklessly as well as intentionally)?
Because D's conduct in getting intoxicated is 'itself reckless' and thus satisfies the MR
*C.f. specific intent offences, where defence is available as long as they were unable to form MR (unless dutch courage)*
62
What must V's action be to break chain of causation
Free, voluntary + informed
